To ensure that only persons eligible to receive a firearm may purchase and possess firearms, and to prevent felons and persons adjudicated mentally incompetent from obtaining firearms from firearms dealers by providing for a system for identifying persons prohibited from possessing firearms through a magnetic strip affixed to driver’s licenses and other identification documents.

IN THE HOUSE OF REPRESENTATIVES

October 6, 1994

Mr. MCMILLAN introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To ensure that only persons eligible to receive a firearm may purchase and possess firearms, and to prevent felons and persons adjudicated mentally incompetent from obtaining firearms from firearms dealers by providing for a system for identifying persons prohibited from possessing firearms through a magnetic strip affixed to driver’s licenses and other identification documents.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Firearms Licensing Act of 1994’.

SEC. 2. INDUCEMENT FOR STATES TO ESTABLISH A SYSTEM FOR IDENTIFYING PERSONS PROHIBITED FROM POSSESSING FIREARMS THROUGH A MAGNETIC STRIP AFFIXED TO DRIVER’S LICENSES AND OTHER IDENTIFICATION DOCUMENTS.

(a) IN GENERAL- The Director of the Bureau of Justice Assistance shall reduce by 25 percent the annual allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 unless the State has in effect laws and procedures which, in substance, provide the following:

(1) RECORDS CHECK REQUIRED BEFORE ISSUANCE OF DRIVER’S LICENSE AND IDENTIFICATION DOCUMENTS; USE OF MAGNETIC STRIPS TO IDENTIFY PROHIBITED PERSONS- Before the State transportation agency issues, reissues, or reinstates a license, the agency shall--

(A) conduct a record check to determine whether the applicant therefor is a prohibited person by examining the State list referred to in paragraph (4) of this subsection and the national list referred to in subsection (c)(1); and

(B) affix to the license of the person a magnetic strip on which is encoded information that--

(i) identifies the licensee as a prohibited person or as a nonprohibited person; and

(ii) may be discerned only through the use of an electronic device that--

(I) is read only;

(II) does not have storage or communication capabilities; and

(III) signals the user of the device with--

(aa) a green light if the device reads a magnetic strip that does not identify the person as a prohibited person; and

(bb) a red light if the device reads a magnetic strip that identifies the person as a prohibited person.

(2) EFFECTS OF FELONY CONVICTION OR ADJUDICATION OF MENTAL INCOMPETENCY-

(A) SEIZURE AND VOIDING OF DRIVER’S LICENSE- If a State court convicts a person of a crime punishable by imprisonment for a term exceeding 1 year or adjudicates a person as mentally incompetent, the court shall seize any license issued to the person by the State transportation agency, and any such license shall be void.

(B) MAGNETIC STRIP IDENTIFYING LICENSEE AS A PROHIBITED PERSON TO BE ATTACHED TO FUTURE LICENSES- The State transportation agency shall affix to any license issued to a prohibited person a magnetic strip of the type described in paragraph (1)(B) that identifies the licensee as a prohibited person.

(3) FUNDING OF RECORDS CHECKS BY INCREASING FINES IMPOSED UPON CONVICTED FELONS- Any person convicted in the State of a crime punishable by imprisonment for a term exceeding 1 year shall, in addition to any sentence imposed under any other provision of State law, be fined an amount sufficient to cover the expenses of criminal records checks conducted pursuant to paragraph (1)(A), taking all such convictions into account on an annual basis.

(4) REQUIREMENT TO MAINTAIN AND UPDATE COMPUTERIZED LIST OF PROHIBITED PERSONS- The State shall create and maintain a computerized list of all persons who are prohibited persons by reason of a conviction or adjudication in the State, and, within 2 years after the date of the enactment of this Act, shall achieve and maintain at least 80 percent currency of case dispositions in the computerized list for all cases in which there has been an entry of activity within the then immediately preceding 5 years.

(b) DEFINITIONS- As used in this section:

(1) LICENSE- The term ‘license’ means a license or permit to operate a motor vehicle on the roads and highways of the State, and any identification document issued by a State transportation agency solely for purposes of identification.

(A) has been convicted of a crime punishable under Federal or State law by imprisonment for a term exceeding 1 year;

(B)(i) has been adjudicated mentally incompetent; and

(ii)(I) has not been restored to capacity by court order; or

(II) has been so restored to capacity for less than 5 years; or

(C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802).

(3) STATE TRANSPORTATION AGENCY- The term ‘State transportation agency’ means the State agency responsible for issuing a license, permit, or identification document described in paragraph (1).

(c) DUTIES OF THE ATTORNEY GENERAL- The Attorney General of the United States shall--

(1) create a national, computerized list of prohibited persons;

(2) incorporate State criminal history records into the Federal criminal records system maintained by the Federal Bureau of Investigation;

(3) develop hardware and software systems to link State lists referred to in subsection (a)(4) with the national list referred to in paragraph (1) of this subsection; and

(4) provide any responsible State agency with access to the national list, upon request.

(d) PROCEDURES FOR CORRECTING ERRONEOUS RECORDS-

(1) REQUEST FOR INFORMATION- Any person identified as a prohibited person in records maintained under this section may request the Attorney General of the United States to notify the person of the reasons therefor.

(2) COMPLIANCE WITH REQUEST- Within 5 days after receipt of a request under paragraph (1), the Attorney General shall comply with the request.

(3) SUBMISSION OF ADDITIONAL INFORMATION- Any person described in paragraph (1) may submit to the Attorney General information to correct, clarify, or supplement records maintained under this section with respect to the person.

(4) CONSIDERATION AND USE OF ADDITIONAL INFORMATION- Within 5 days after receipt of such information, the Attorney General shall consider the information, investigate the matter further, correct any and all erroneous Federal records relating to such person, and notify any Federal department or agency or any State that was the source of the erroneous records of the errors.

(e) JUDICIAL REVIEW- Any person erroneously identified as a prohibited person in records maintained pursuant to this section may bring an action in any United States district court against the United States, or any State or political subdivision thereof which is the source of the erroneous information, for damages (including consequential damages), injunctive relief, and such other relief as the court deems appropriate. If the person prevails in the action, the court shall allow the person a reasonable attorney’s fee as part of the costs.

(a) PROHIBITION- Section 922 of title 18, United States Code, is amended by adding at the end the following:

‘(y)(1) It shall be unlawful for a person to possess a firearm unless the person is carrying an identification document, issued to the person by the transportation agency of the State in which the person resides, affixed to which is a magnetic strip of the type described in section 2(a)(1)(B) of the Firearms Licensing Act of 1994 on which is encoded information that identifies the licensee as a person who is not a prohibited person.

‘(2) It shall be unlawful for any licensed dealer knowingly to--

‘(A) transfer a firearm to any person not licensed under section 923, unless the licensed dealer has used an electronic device described in section 2(a)(1)(B)(ii) of the Firearms Licensing Act of 1994 to read the magnetic strip affixed to an identification document issued to the person by the transportation agency of the State in which the premises of the licensed dealer is located; or

‘(B) fail to notify local law enforcement authorities, within 72 hours, of any person attempting to purchase a firearm who is identified as a prohibited person through the use of such a device.

‘(3) As used in this subsection:

‘(A) The term ‘identification document’ means a license or permit to operate a motor vehicle, and any identification document issued solely for purposes of identification.

‘(B) The term ‘prohibited person’ means a person who--

‘(i) has been convicted of a crime punishable under Federal or State law by imprisonment for a term exceeding 1 year;

‘(ii)(I) has been adjudicated mentally incompetent; and

‘(II)(aa) has not been restored to capacity by court order; or

‘(bb) has been so restored to capacity for less than 5 years; or

‘(iii) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802).

‘(C) The term ‘transportation agency’ means the agency responsible for issuing commercial or noncommercial identification documents.’.

(b) PENALTIES- Section 924(a) of such title is amended by adding at the end the following:

‘(6)(A)(i) Subject to this subparagraph, a person who knowingly violates section 922(y)(1) shall be imprisoned not less than 6 months and not more than 1 year.

‘(ii) Upon conviction of a violation of section 922(y)(1), the court shall offer the defendant the opportunity to seek enlistment or appointment in the Armed Forces.

‘(iii) If the defendant immediately accepts the offer described in clause (ii), the court shall, in lieu of imposing any other sentence on the defendant, impose a probationary sentence on the defendant, with at least the following conditions:

‘(I) The defendant shall immediately seek enlistment or appointment in the Armed Forces.

‘(II) The defendant shall become enlisted or appointed in the Armed Forces within 60 days after imposition of such sentence.

‘(III) The defendant shall complete the minimum period of obligated active service required under the enlistment or appointment.

‘(iv) The court may not modify or reduce any of the conditions set forth in clause (iii) of a sentence of probation imposed under this subparagraph.

‘(v) Subsections (c) and (d) of section 3564, and section 3565(b), shall not apply to a sentence of probation imposed under this subparagraph.

‘(B) A licensed dealer who knowingly violates section 922(y)(2) shall be fined under this title in an amount that is not less than $15,000, imprisoned not less than 1 year and not more than 3 years, or both.’.

SEC. 4. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect at the end of the 2-year period that begins with the date of the enactment of this Act.